[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16654]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of an Application for an Incidental Take Permit for 
the proposed Cedar Park Waterline in Travis County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The City of Cedar Park (Applicant) has applied to the Fish and 
Wildlife Service (Service) for an incidental take permit pursuant to 
section 10(a)(1)(B) of the Endangered Species Act (Act). The Applicant 
has been assigned permit number PRT-788842. The requested permit, which 
is for a period not to exceed 30 years, would authorize the incidental 
take of the endangered golden-cheeked warbler (Dendroica chrysoparia). 
The proposed take would occur as a result of the construction and 
operation of a water pipeline, in Travis County, Texas. The proposed 
development will eliminate about 4.2 acres of occupied and/or potential 
endangered species habitat.
    The Service has prepared an environmental assessment/habitat 
conservation plan (EA/HCP) for the incidental take application. A 
determination of jeopardy to the species or a finding of no significant 
impact (FONSI) will not be made before 30 days from the date of 
publication of this notice. This notice is provided pursuant to section 
10(c) of the Act and National Environmental Policy Act regulations (40 
CFR 1506.6).

DATES: Written comments on the application should be received on or 
before August 10, 1994.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Assistant Regional Director, Ecological Services, 
U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico 
87103. Persons wishing to review the EA/HCP may obtain a copy by 
contacting Ann Henry, Ecological Services Field Office, U.S. Fish and 
Wildlife Service, 611 East Sixth Street, Suite 407, Austin, Texas 78701 
(512) 482-5436. Documents will be available by written request for 
public inspection, by appointment, during normal business hours (8:00 
to 4:00) at the Southwest Regional Office, Division of Endangered 
Species/Permits, U.S. Fish and Wildlife Service, P.O. Box 1306, 
Albuquerque, New Mexico 87103, or the Ecological Services Field Office 
(8:00 to 4:30), U.S. Fish and Wildlife Service, 611 East Sixth Street, 
Suite 407, Austin, Texas 78701. Written data or comments concerning the 
application and EA/HCP should be submitted to the State Administrator, 
Ecological Services Field Office, Austin, Texas (see ADDRESS above). 
Please refer to permit number PRT-788842 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Ann Henry at the above Austin 
Ecological Services Field Office address.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``Taking'' of any endangered species, including the golden-cheeked 
warbler. However, the Service, under limited circumstances, may issue 
permits to take endangered wildlife species if such taking is 
incidental to, and not the purpose of otherwise lawful activities. 
Regulations governing permits for endangered species are at 50 CFR 
17.22.
    The Applicant plans to construct a 20,193-foot long water supply 
pipeline from Lake Travis eastward to the Williamson County line. An 
Environmental Assessment/Habitat Conservation Plan has been prepared 
for the project. As mitigation for the incidental taking of the golden-
cheeked warbler, the Applicant proposes to preserve documented perch 
trees for the warbler along the route; limit clearing to 35 feet wide 
along the route and two 100 feet by 100 feet staging areas in non-
habitat; schedule work during the season when the warblers are absent 
from the area (August 1 through March 1); and the purchase and 
dedication of 33 acres of occupied warbler habitat to a conservation 
organization approved by the Service.
    The Applicant considered four alternatives but rejected three 
because they were not economically viable.
James A. Young,
Assistant Regional Director, Ecological Services, Southwest Region (2).
[FR Doc. 94-16654 Filed 7-8-94; 8:45 am]
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